← Library
Bombay High CourtCAO/191/2015admittedallwdgrantedrule absolute

Vidarbha Irrigation Development Corporation, Through Its Executive Engineer, Buldhana v. Madhavrao Suryabhan Shigne And 2 Others

2015-04-13Hon'Ble Shri Justice A.S. Chandurkar2 pages

1304fa124.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NOS. 3326 OF 2014 AND CIVIL APPLICATION (CAO) NO. 191 OF 2015 IN FIRST APPEAL NO. 124 OF 2015 VIDC Buldhana Vs. Madhavrao Suryabhan Shingne & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. Parihar Adv for applicant.

Smt M. N. Hiwase AGP for respondent nos. 2 & 3. CORAM: A. S. CHANDURKAR J.

DATED: 13 APRIL, 2015.

Civil Application No. 3326 of 2014: As the appellant has deposited an amount of compensation in the Reference Court execution of the impugned award shall remain stayed during pendency of the first appeal. Civil application stands disposed of.

Civil Application No. 191 of 2015: Prayer is to permit the respondent no.1 to withdraw the amount of compensation deposited with the Reference Court. It is submitted that in First Appeal No. 911 of 2014 and other connected appeals

1304fa124.15 such permission has been granted subject to furnishing surety to the satisfaction of the Reference Court in respect of amount of 50% of the compensation. Balance amount has been permitted to be withdrawn on filing undertaking. In view of aforesaid, the respondent no.1 is permitted to withdraw 50% of amount of enhanced compensation, subject to furnishing solvent surety to the satisfaction of the Reference Court. Balance 50% of aforesaid amount is permitted to be withdrawn subject to furnishing undertaking in this Court that in case the appeal is allowed the said amount shall be repaid with interest at such rate the Court may direct. Civil application stands disposed of. JUDGE svk